25May93

Security Council Resolution 827 (1993), establishing the International Criminal Tribunal for the Former Yugoslavia.

United Nations
Security Council

S/RES/827 (1993)
Distr. GENERAL
25 May 1993

Resolution 827 (1993), adopted by the Secutity council at its 3217th meeting, on 25 May 1993.

The Security Council,

Reaffirming its resolution 713 (1991) of 25 September 1991 and all subsequent relevant
resolutions,

Having considered the report of the Secretary-General (S/25704 and Add.1) pursuant to
paragraph 2 of resolution 808 (1993),

Expressing once again its grave alarm at continuing reports of widespread and flagrant violations
of international humanitarian law occurring within the territory of the former Yugoslavia, and
especially in the Republic of Bosnia and Herzegovina, including reports of mass killings, massive,
organized and systematic detention and rape of women, and the continuance of the practice of
"ethnic cleansing", including for the acquisition and the holding of territory,

Determining that this situation continues to constitute a threat to international peace and security,

Determined to put an end to such crimes and to take effective measures to bring to justice the
persons who are responsible for them,

Convinced that in the particular circumstances of the former Yugoslavia the establishment as an
ad hoc measure by the Council of an international tribunal and the prosecution of persons
responsible for serious violations of international humanitarian law would enable this aim to be
achieved and would contribute to the restoration and maintenance of peace,

Believing that the establishment of an international tribunal and the prosecution of persons
responsible for the above-mentioned violations of international humanitarian law will contribute
to ensuring that such violations are halted and effectively redressed,

Noting in this regard the recommendation by the Co-Chairmen of the Steering Committee of the
International Conference on the Former Yugoslavia for the establishment of such a tribunal
(S/25221),

Reaffirming in this regard its decision in resolution 808 (1993) that an international tribunal shall
be established for the prosecution of persons responsible for serious violations of international
humanitarian law committed in the territory of the former Yugoslavia since 1991,

Considering that, pending the appointment of the Prosecutor of the International Tribunal, the
Commission of Experts established pursuant to resolution 780 (1992) should continue on an
urgent basis the collection of information relating to evidence of grave breaches of the Geneva
Conventions and other violations of international humanitarian law as proposed in its interim
report (S/25274),

Acting under Chapter VII of the Charter of the United Nations,

1. Approves the report of the Secretary-General;

2. Decides hereby to establish an international tribunal for the sole purpose of prosecuting persons
responsible for serious violations of international humanitarian law committed in the territory of
the former Yugoslavia between 1 January 1991 and a date to be determined by the Security
Council upon the restoration of peace and to this end to adopt the Statute of the International
Tribunal annexed to the above-mentioned report;

3. Requests the Secretary-General to submit to the judges of the International Tribunal, upon their
election, any suggestions received from States for the rules of procedure and evidence called for
in Article 15 of the Statute of the International Tribunal;

4. Decides that all States shall cooperate fully with the International Tribunal and its organs in
accordance with the present resolution and the Statute of the International Tribunal and that
consequently all States shall take any measures necessary under their domestic law to implement
the provisions of the present resolution and the Statute, including the obligation of States to
comply with requests for assistance or orders issued by a Trial Chamber under Article 29 of the
Statute;

5. Urges States and intergovernmental and non-governmental organizations to contribute funds,
equipment and services to the International Tribunal, including the offer of expert personnel;

6. Decides that the determination of the seat of the International Tribunal is subject to the
conclusion of appropriate arrangements between the United Nations and the Netherlands
acceptable to the Council, and that the International Tribunal may sit elsewhere when it considers
it necessary for the efficient exercise of its functions;

7. Decides also that the work of the International Tribunal shall be carried out without prejudice
to the right of the victims to seek, through appropriate means, compensation for damages incurred
as a result of violations of international humanitarian law;

8. Requests the Secretary-General to implement urgently the present resolution and in particular
to make practical arrangements for the effective functioning of the International Tribunal at the
earliest time and to report periodically to the Council;